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The Adversary System The Adversary System

The Adversary System - PowerPoint Presentation

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Uploaded On 2015-10-15

The Adversary System - PPT Presentation

To provide a procedure for disputing parties to present and resolve their cases in as fair a manner as possible Controlled by strict rules of evidence and procedure Role of the Adversary System Major features of the adversary system ID: 161193

procedure evidence case rules evidence procedure rules case parties proof system adversary role elements party legal fair judge burden

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Presentation Transcript

Slide1

The Adversary SystemSlide2

To provide a procedure for disputing parties to present and resolve their cases in as fair a manner as possible

Controlled by strict rules of evidence and procedure

Role of the Adversary SystemSlide3

Major features of the adversary system

Role of the partiesRole of the judgeStandard and burden of proof

Need for legal representationNeed for rules of evidence and procedure

Features of the Adversary SystemSlide4

Party Control

- Each party controls their own case (within the rules of evidence and procedure

)Parties are responsible

for:

Instigating the proceedings

– the person who believes they have been wronged (plaintiff is civil, prosecution in criminal) brings the case to

court

Investigating the facts

Role of the partiesSlide5

Parties are also responsible

for:Deciding which facts to bring to court – each side decides which evidence they wish to present to court (although prosecution must disclose all evidence even if it is not beneficial

)

Investigating the law

that is relevant to the case

Role of the partiesSlide6

Parties are also responsible

for:Deciding whether to have a jury in a civil case

Choosing whether to have legal representation

Role of the partiesSlide7

Party control

allows the parties to feel that they are in control of the situation and are responsible for the outcome

Satisfies the competitive

spirit

Gives people the opportunity to fight to win their case – leads to a sense of

satisfaction

Role of the partiesSlide8

In civil cases – it means that cases can be resolved

But it makes the process expensive – which means that not everyone has

effective access to mechanisms to resolve disputes

The elementsSlide9

Impartial umpire

- Ensures the court processes and procedures are carried out according to the rules of evidence and

procedureMay

only ask questions to clarify matters

Minimises unfairness to either party

Role of the JudgeSlide10

Decides:

Admissibility of evidenceQuestions of law

Directs the jury whether there is one

Decides the outcome

of a case where there is no jury

Role of the judgeSlide11

For the adversary system to work effectively the judge must be

impartialEssential that the decision maker (judge or jury) is

independent from the case

Judge has no prior knowledge of the case before hearing the evidence presented

Role of the JudgeSlide12

The impartial, independent judge

ensures a fair and unbiased hearing

The elementsSlide13

Burden of proof lies

with the party bringing the case to courtCriminal – prosecution

Civil – plaintiffPerson who brings the case must prove the other party was in the wrong

Burden and Standard of ProofSlide14

Standard of proof – the strength of evidence needed to prove the case

Criminal – beyond reasonable doubtCivil – on the balance of probabilities

Burden and Standard of ProofSlide15

Essential elements of the adversary system

Burden of proof indicates who must begin the battle

Standard of proof indicates the strength of proof required to decide the winner

Burden and Standard of Proof Slide16

Burden and standard of proof

ensure a fair and unbiased hearing

The elementsSlide17

Legal representatives – prepare the case on behalf of the

parties

Legal representatives are experts – are familiar with rules of evidence and procedure

Help to ensure that the parties are able

to present their best possible case

Assists in achieving a just outcome

Need for legal representationSlide18

Bringing out the truth

and showing your case in the best light depends on being legally represented – with the best possible

lawyerPresenting a case without legal representation is very difficult and can result in an

unjust outcome

Need for legal representationSlide19

For the adversary system to work effectively there needs to be

equal

representationParties should have an equal opportunity to present their

cases

Truth should be brought out

through both sides bringing their evidence and cross examination by the other side

Need for legal representationSlide20

If one party is better represented than the other, this could lead to an unfair advantage and possibly an incorrect result – so it will not be a

fair and unbiased hearing

The elementsSlide21

A person who can afford a more competent barrister is more likely

to win than a person represented by a less experienced barrister this means that there is not

effective access for everyone

The elementsSlide22

Evidence is concerned with

proof of factsRules of evidence aim to ensure fair and equal treatment

Need for rules of evidence and procedureSlide23

Evidence can be

Oral – given by witnessesSworn statements (called an affidavit)

Objects – murder weapons, photos diagrams, tape-recordingCircumstances and facts (

called circumstantial

evidence)

Need for rules of evidence and procedureSlide24

Adversary system relies more heavily on oral evidence given by witnesses than documentary evidence

Need for rules of evidence and procedureSlide25

Rules of evidence are primarily for the protection of the

parties

Ensure thatParties are treated fairlyJury is not distracted by irrelevant material

Unreliable or illegally obtained evidence is not heard by the court

Evidence is not unduly prejudicial to the defence

Prior convictions are not admissible

Need for rules of evidence and procedureSlide26

Rules of procedure provide a framework in which court cases take place

Provide the way in which the court will try to bring about a resolution

Procedures are aimed at treating both sides fairly

Create at atmosphere of

formality

so that the decision is followed

Need for rules of evidence and procedureSlide27

Assist the parties in achieving a just outcome

Rule of evidence keep the contest fairRules of procedure should

assist the truth to emerge

Need for rules of evidence and procedureSlide28

Hearsay evidence

Prior convictions (unless used as propensity evidence)Irrelevant evidence

OpinionEvidence obtained illegallyPrivileged information

Evidence not admissibleSlide29

Only allow certain types of evidence to ensure a

fair and unbiased hearingRules of procedure help assist timely resolution of disputes

The elementsSlide30

The jury system is

NOT a feature of the adversary system – it is an entirely different system!

Juries